Patna High CourtCR. MISC./18495/2024bail granted

Harendra Chaudhary v. The State Of Bihar

2024-03-13Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18495 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Harendra Chaudhary, Male, aged about 27 years, Son of Dheeraj Singh, Resident of Village- Lakari, P.S.- Kochas, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Kant, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise PS Case No. 58 of 2024 instituted for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 423.720 liters of foreign liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the alleged recovery has been made from a pick-up Van. Petitioner

Patna High Court CR. MISC. No.18495 of 2024(2) dt.13-03-2024 2/3 was the driver of the said vehicle and on instruction of his owner he was driving the vehicle and has no knowledge about the same. He has no concern with the liquor or the vehilce. Petitioner is in custody since 24.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Exclusive Special Judge, (Excise)-II, Kaimur at Bhabua dated 02.02.2024, it appears that no any independent witness of the seizure list and petitioner is only the driver of the vehicle and has no knowledge about the same, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabua in connection with Excise PS Case No. 58 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.18495 of 2024(2) dt.13-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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